Schulten v. Commissioner of Socal Security et al
| William Schulten, Jr. |
| Commissioner of Socal Security and SSA |
| 3:2008cv00003 |
| January 8, 2008 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| SHELBY |
| Sharon L Ovington |
| Walter H Rice |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWW) |
| None |
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| Document Text |
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Filing
17
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 14 ) IN THEIR ENTIRETY; DEFENDANTS OBJECTIONS TO SAID JUDICIAL FILING (DOC. 15 ) OVERRULED; JUDGMENT TO BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFE NDANT COMMISSIONER, VACATING THE COMMISSIONERS DETERMINATION OF NON-DISABILITY; MAKING NO FINDING AS TO WHETHER PLAINTIFF WAS UNDER A DISABILITY WITHIN THE MEANING OF THE SOCIAL SECURITY ACT; AND REMANDING THE CAPTIONED CAUSE TO THE DEFENDANT, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. SECTION 405(g), FOR FURTHER CONSIDERATION AS SET FORTH HEREIN; TERMINATION ENTRY Signed by Walter H Rice on 03/30/09. (mkb1, ) Modified on 4/1/2009 to edit text(jdf1, ).
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Filing
14
REPORT AND RECOMMENDATIONS THAT: 1. The Commissioner's final non-disability determination be vacated; 2. No finding be made as to whether Plaintiff William Schulten, Jr. was under a "disability" within the meaning of the Social Securit y Act; 3. This case be remanded to the Commissioner and the Administrative Law Judge under Sentence Four of 42 U.S.C. 405(g) for further consideration consistent with this Report; and 4. The case be terminated on the docket of this Court. Objections to R&R due by 2/23/2009. Signed by Magistrate Judge Sharon L Ovington on 2/3/2009. (sc1, )
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